The Iowa plain dealer. [volume] (New Oregon, Howard County, Iowa) 1867-1895, 1887-02-24

4 eil IL tlill CDuSitlctdltoh VI dll tuC CvihCnSS
your minds are not firmly and abidingly
satisfied Of tho guilt Of the defendant, Il
.ou then hesitate or yonr minds waver as
| to tho verdict, then the doubt is reason
able and the defendant should be ac-
quilted.
Is. 1t il proper for you to consider the
defendant, as to being peaceable and
with the other testimony in the case, and
then yon are to inquire IT there was any
adequate motive for the defendant to
commit such crime, and il you find
that he has sustained good character
as to being an orderly person and that
there was no adequate motive for such a
! ton at your hands in connection with the
ether evidence.
-. Gentlemen:-H you do not find
the defendant guilty beyond a reasonable
doubt, You will return verdict OF not
guilty. II you do find him guilty beyond
reasonable doubt, you will then in
qlire Of what crime he is guilty.
90. I have defined for you that muir
der Of the first degree. is the wilful, delib-
crate and premeditated killing OF hui
HIuH DGlUH Will LudllCC uIOlGlAOuAaUS
either expressed or implied.
Thus yon will understand that to con-
stitnte murder of the first degree, there
must have been purpose formed to take
| life and it must have been wilful, and q
defendant, and with premeditalon on the
subject. there must have been specific
intent formed to take the life OF John
I'll ocl Al, 4oL - tho 1ifo ~ TCb,n
Haberly must have been the result OF
purpose, and in addition to this the kill
ing must have been done with malice
aforethought-that Is, it must have been
done with wicked or evil motive pre-
viously existing in the mind OF the de-
PENDANT. It is not essential that this
malice should have existed for any con-
siderable length OF time before the kill
ing. A very short time is sufficient, but
fore. And to justify you in finding the
defendant guilty of murder OF the
first degree, you must find that the de-
PENDANT wilfully, deliberately, with pre-
meditation, and with malice aforethought
did aid and abet one John Wentworth in
taking the life ofone John Haberly in this
county III VI dUOuC lLo A0en uoy VA Ouu0s
1856.
Il. II you find the defendant guilty Of
any OF the offences which / have defined,
and there is a reasonable doubt Of his
guilt of murder of the first degree, then
degree, l have said to you that it is the
aforethought. In this crime there need
/ I.& lie Ga int 60 aL Efo brit
III such a case there must be that deprav-
ity OF mind and purpose, known as malice
aforethought, and to justify you in find
ing the defendant guilty of murder OF the
second degree you must find that with
malice aforethought, he aided and abet-
ted Wentworth III the unlawful taking OF
or about the 18th day OF June, 1886.
- The crime Of manslaughter have
defined as the unlawful killing OF a hui
man being without malice aforethought.
| It is generally defined as the killing Of a
port nf passion, where there is no malice,
and where there is provocation, and to
warrant a conviction at yonr hands
against the defendant, You must believe
| from the testimony that he aided or abet.
ted Wentworth in the killing OF Haberly
in some sudden quarrel or under some
circumstances that the killing was unlaw-
| full and without malice afcrethought.
-. The statute Of the State provides,
that the confession of the defendant, I'm.
less made in open court, will not warrant
a conviction unless accompanied with
other proof that the offence was commit
ted. In this case there is no confession
| in open court.
II. / invite you, gentlemen, to fair
and faithful consideration of all the ties.
timony before You. First. to determine
i? the statements Of the defendant rs tes-
titled to before you. we're voluntarily
made, and should be used by you as EVIL
delce. and it, from the testimony, it APP
pears to You that such statements were
made to Sheriff Axtell under any prom
Uses by him, or by the Coroncr's jury or
members Of it or through any threats or
statements OF danger made to him by
th.m or by the Sheriff, then they are not
free and voluntary as the law says they
must be, and they should not be consid
cred by You for any purpose, and il re-
jected by you, your labor is at an end.
and you should return verdict for the
defendant.
%. If you find the defendant guilty,
and there is a reasonable doubt as to the
degree of the offence. then he can only
be convicted OF the crime OF which there
is ~ reasonable doubt, as, il you find
him guilty Of the crime Of murder and
there is reasonable doubt as to which
degree Of the crime he is guilty OF you
must give him the benefit Of the doubt
and convict him Of murder of the second
degree. AS to murder OF the second dc.
gree and manslaughter, if there is rea.
sonable doubt as to which he is guilty Of
you must then give him the benefit Of the
doubt and convict him Of the lower de.
gree, and il there is reasonable doub
as to all the degrees he must he acquitted
81. II you find the defendant guilty oi
murder Of the first degree, the law re
qnires that yon must fix what the punish
ment shall be; that is, il it shall be deatl
or Imprisonment for life at hard labor il
the penitentiary; and If you find hin
guilty of murder Of the first degree, 20,
; will say SO, and designate what the pun
ishment shall be.
If you find him guilty of murder Of th,
second degree. you will say SO by you
verdict, aud in that case you have nothin,
; to do with the punishment, and your dut,
I, will be the same if you find him guilty 0
! manslaughter. II the defendant is no
guilty. YOU will say, we find the defendan
not guilty.
J Let one OF your members act as you
! foreman, aud when You have found you
! verdict. You will return into court, an,
: when Intercepted your foreman vii
7 orally announce your findings.
G. i. GRANGER, Judge.
I The jury were out eighteen hours, whe
( they finally reported that they could no
: agree.
r Ga Monday OF last week the prisone
I plead guilty to manslanghter, and tn
: Judge sentenced him to six years in tn
u state prison, and a fine Of $780, Th
l sheriff took Beaman to Anamosa o.
4 Tuesday.
q Will Dissmore Is visiting in Chick
Q asaw Co. this week.
' National Union Labor Convention